This bill amends section 29-1208 of the Reissue Revised Statutes of Nebraska to provide for damages to defendants in criminal actions that are either dismissed or in which the defendant is found not guilty. The legislation aims to alleviate the financial hardships faced by individuals who are wrongfully prosecuted and to encourage more cautious prosecutorial decisions. It defines the term "prosecutor" to include various legal authorities and outlines the conditions under which a defendant is entitled to damages, such as being granted an absolute discharge or having charges dismissed.

Additionally, the bill specifies that a defendant may not receive damages if they are convicted of another offense arising from the same misconduct. It also allows for the possibility of a defendant waiving the right to damages through an agreement with the prosecutor. Upon the occurrence of qualifying events, the trial court is mandated to hold a hearing to determine the amount of damages, which may include reasonable attorney's fees and actual damages incurred due to the prosecution. The original section 29-1208 is repealed as part of this legislative update.

Statutes affected:
Introduced: 29-1208